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McGRATH v. ABRAMOWSKI

35 A.D.2d 669 (1970)

Jessie McGrath et al., Respondents, v. William Abramowski et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 21, 1970

Order reversed insofar as appealed from, with one bill of costs to appellants jointly; said motion by plaintiffs denied; and jury verdict reinstated.

Plaintiffs' testimony constituted a prima facie showing of negligence on the part of defendants (Carter v. Castle Elec. Contr. Co., 26 A.D.2d 83). However, "despite the fact that no evidence was offered on defendant [s'] behalf as to how the accident occurred, the jury was not...

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